Kibet Arap Cheruiyot & 23 others v District Physical Planning Officer, Kericho & 4 others [2018] KEELC 3624 (KLR)
- Court
- Environment & Land Court
- Case number
- 3624
- Citation
- [2018] KEELC 3624 (KLR)
- Decided
- 4 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPosturePetitioners seek leave to cite Respondents for contempt and to order them to be imprisoned for disobeying a court order.CoramJ.M ONYANGO
Holding
Leave is granted to the petitioners to cite the respondents for contempt. The application is dismissed as there is no proof that each of the respondents was personally served with the order.
Facts
The petitioners claim that the respondents disobeyed a court order by conducting a survey exercise on a property, contrary to the local physical development plan.
Issues
- Whether leave should be granted to the petitioners to cite the above-named Respondents for contempt of a Court order
- Whether the said Respondents are in contempt of the Court order issued on 29th October 2014
Reasoning
The court finds that the respondents are not in contempt as there is no proof of personal service of the order.
Outcome
Application dismissed with costs to the respondents.
Authorities cited
Legislation (4)
- Contempt of Court Act, 2016
- Civil Procedure Rules
- Judicature Act Cap 8
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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